He retained to the last their respect and affection." With such a man presiding Sergeant Buzfuz"s eccentric violence and abuse of the defendant would have been restrained ("having the outward appearance of a man and not of a monster.") Mr. Skimpin"s gross insinuations, to wit, that Winkle was "telegraphing" to his friend, would have been summarily put down, and all "bullying" checked; more, he would have calmly kept Counsel"s attention to the issue. This perfect impartiality would have made him show to the Jury how little evidence there was to support the plaintiff"s case. Instead came this unlucky indisposition: and his place was taken by "my Brother Gaselee:" with what results Mr. Pickwick was to learn disastrously.
It is curious, however, that the Chief Justice, in spite of his indisposition, should still be a.s.sociated with the case; for he had tried the momentous case of Norton _v._ Melbourne, and had heard there letters read, which were parodied in the "chops and tomato sauce" correspondence, so Boz had him well before him. The case had to be tried at the Guildhall Sessions; so a fair and rational judge would have spoilt all sport. Further, as Boz had seen the fairness and dignity of the Chief Justice he was naturally reluctant to exhibit him unfavorably. The only thing was to make the Chief Justice become suddenly "indisposed," and have his place taken by a grotesque judge.
The Judge who was to try the case, Mr. Justice Stareleigh, as is well known, was drawn from Sir Stephen Gaselee, of whose name Stareleigh is a sort of synonym. Serjeant Gaselee was once well known in the prosecutions directed against Radicals and so-called Reformers, but _Pickwick_ has given him a greater reputation. The baiting he received from patriotic advocates may have inflamed his temper and made him irritable. He is described by one author, in a most humorous, if personal fashion. He was "a most particularly short man, and so fat that he seemed all face and waistcoat. He rolled in upon two little turned legs, and having bobbed gravely to the bar who bobbed gravely to him, put his little legs under the table, when all you could see of him was two queer little eyes, one broad, pink face, and somewhere about half of a big and very comical-looking wig." All through he is shown as arrogant and incapable, and also as making some absurd mistakes.
It will be a surprise to most people to learn that this picture is no more than an amusing caricature, and that the judge was really a person of high character. He is described as "a very painstaking, upright judge, and, in his private capacity, a worthy and benevolent man." Thus, Mr. Croker, who, however, supplies a sound reason for his being the subject of such satire. "With many admirable qualities both of head and heart, he had made himself a legitimate object of ridicule by his explosions on the Bench." Under such conditions, the Bar, the suitors and the public had neither the wish nor the opportunity to search for extenuating excuses in his private life. They suffered enough from the "explosions" and that was all that concerned them. He had been fourteen years on the Bench, and, like Stareleigh, belonged to the Common Pleas.
He was suffering too from infirmities, particularly from deafness, and appears to have misapprehended statements in the same grotesque fashion that he mistook Winkle"s name.
Boz"s fashion of burlesque, by the way, is happily shown in his treatment of this topic. Another would have been content with "Daniel," the simple misapprehension. "Nathaniel, sir," says Winkle. "Daniel--any other name?" "Nathaniel, sir--my lord, I mean." "_Nathaniel Daniel_--_or Daniel Nathaniel_?" "No, my lord, only Nathaniel, not Daniel at all."
"What did you tell me it was Daniel for, then, sir?"
"I didn"t, my lord."
"You did, sir. _How could I have got Nathaniel in my notes_, _unless you told me so_, _sir_?"
How admirable is this. The sly satire goes deeper, as Judges, under less gross conditions, have often made this illogical appeal to "my notes."
Though not gifted with oratorical powers which were likely to gain him employment as a leader, Gaselee"s reputation for legal knowledge soon recommended him to a judge"s place. He was accordingly selected on July 1st, 1824, to fill a vacancy in the Court of Common Pleas. In that Court he sat for nearly fourteen years "with the character of a painstaking judge, and in his private capacity as a worthy and benevolent man." Thus Mr. Foss, F.S.A.
The reader will have noted the Judge"s severity to poor Groffin, the chemist, who had pleaded the danger of his boy mistaking oxalic acid for Epsom salts. Could it be that the Judge"s experience as the son of a provincial doctor, had shown what cla.s.s of man was before him? Later, unexpectedly, we learn that the Judge was a steady member for fourteen years of the Royal Humane Society, of which inst.i.tution he was also a Vice-President.
But we now come to a most extraordinary thing--the result of the young author"s telling and most sarcastic portrait of the irascible little judge. It is curious that Forster, while enumerating various instances of Boz"s severe treatment of living persons, as a sort of chastis.e.m.e.nt for their defects of manner or character, seems not to have thought of this treatment of the judge--and pa.s.ses it by. Nor did he notice the prompt result that followed on the sketch. The report of the trial appeared in the March number, 1837--and we are told, the luckless judge retired from the Bench, shortly after the end of Hilary Term, that is in April or the beginning of May. We may a.s.sume that the poor gentleman could not endure the jests of his _confreres_ or the scarcely concealed t.i.ttering of the Barristers, all of whom had of course devoured and enjoyed the number. We may say that the learned Sergeant Buzfuz was not likely to be affected in any way by _his_ picture; it may indeed have added to his reputation. I confess to some sympathy for the poor old judge who was thus driven from the Bench. Sam Foote was much given to this sort of personal attack, and made the lives of some of his victims wretched. Boz, however, seems to have felt himself called upon to act thus as public executioner on two occasions only. After the fall of the judge in June, 1837, he wanted a model for a tyrannical magistrate in _Oliver Twist_--and Mr. Laing, the Hatton Garden Magistrate--a harsh, ferocious personage, at once occurred to him. He wrote accordingly to one of his friends that he wished to be _smuggled_ into his office some morning to study him. This "smuggling" of course meant the placing him where he would not be observed--as a magistrate knowing his "sketches"
might recognise him. "I know the man perfectly well" he added. So he did, for he forgot that he had introduced him already in _Pickwick_ as Nupkins--whose talk is exactly alike, in places almost word for word to that of "Mr. Fang."
These palliations, Boz, a young fellow of three and twenty or so, did not pause to weigh. He only saw a testy, red-faced old fellow with goggle eyes, and seventy-four years old, and past his work. His infirmities already made him incapable of carrying through the business of the Court as the mistake, "Is it Daniel Nathaniel or Nathaniel Daniel?" shows. It is curious, however, that this weakness of misapprehending names is described of another judge, Arabin--a strange grotesque. Theodore Hook gives an amusing specimen in his Gilbert Gurney.
From the general description in the text, it is evident Stareleigh was the prey of gouty affections--which swelled him into grotesque shape, and he found himself unequal to the office. He died two years after his retirement at No. 13, Montagu Place, Russell Square; so that the Judge in Bardell _v._ Pickwick was living close to Perker the Attorney in the same case. Here we seem to mix up the fictional and the living characters, but this is the law of _Pickwick_--the confines between the two worlds being quite confused or broken down. The late commander of our forces in China, Sir A. Gaselee, is of this family. It should be remembered, however, when we think of this judge"s frowardness, that judges in those times were dictatorial and carried matters with a high hand. There were often angry conflicts between them, and members of the Bar, and Stareleigh was really not so very tyrannical. He did what so many judges do--took a side from the first, and had decided in his own mind that Mr.
Pickwick could not possibly have a case. That curious form of address from the Bench is now no longer heard--"who is with you, _Brother Buzfuz_?" Judges and sergeants were then common members of the Guild--both wore the "coif."
THE COURT.
When the swearing of the jury is going on, how good, and how natural is the scene with the unfortunate chemist.
"Answer to your names, gentlemen that you may be sworn," said the gentleman in black. "Richard Upwitch."
"Here," said the greengrocer.
"Thomas Groffin."
"Here," said the chemist.
"Take the book, gentlemen. You shall well and truly try--"
"I beg this court"s pardon," said the chemist, who was a tall, thin, yellow-visaged man, "but I hope this court will excuse my attendance."
"On what grounds, sir?" replied Mr. Justice Stareleigh.
"I have no a.s.sistant, my Lord," said the chemist.
"I can"t help that, sir," replied Mr. Justice Stareleigh. "You should hire one."
"I can"t afford it, my Lord," rejoined the chemist.
"Then you ought to be able to afford it, sir," said the judge, reddening; for Mr. Justice Stareleigh"s temper bordered on the irritable, and brooked not contradiction.
"I know I _ought_ to do, if I got on as well as I deserved, but I don"t, my Lord," answered the chemist.
"Swear the gentleman," said the judge, peremptorily.
The officer had got no farther than the "You shall well and truly try," when he was again interrupted by the chemist.
"I am to be sworn, my Lord, am I?" said the chemist.
"Certainly, sir," replied the testy little judge.
"Very well, my Lord," replied the chemist in a resigned manner.
"There"ll be murder before this trial"s over; that"s all. Swear me, if you please, sir;" and sworn the chemist was, before the judge could find words to utter.
"I merely wanted to observe, my Lord," said the chemist, taking his seat with great deliberation, "that I"ve left n.o.body but an errand boy in my shop. He is a very nice boy, my Lord, but he is not acquainted with drugs; and I know that the prevailing impression on his mind is, that Epsom salts means oxalic acid; and syrup of senna, laudanum. That"s all, my Lord." With this, the tall chemist composed himself into a comfortable att.i.tude, and, a.s.suming a pleasant expression of countenance, appeared to have prepared himself for the worst.
One who was born in the same year as Boz, but who was to live for thirty years after him, Henry Russell--composer and singer of "The Ivy Green"--was, when a youth, apprenticed to a chemist, and when about ten years old, that is five years before Bardell _v._ Pickwick, was left in charge of the shop. He discovered just in time that he had served a customer who had asked for Epsom salts with poison sufficient to kill fifty people. On this he gave up the profession. I have little doubt that he told this story to his friend a dozen years later, and that it was on Boz"s mind when he wrote. Epsom salts was the drug mentioned in both instances.
It must be said that even in our day a defendant for Breach, with Mr.
Pickwick"s story and surroundings, would have had small chance with a city jury. They saw before them a benevolent-looking Lothario, of a Quaker-like air, while all the witnesses against him were his three most intimate friends and his own man.
We have, of course, testy judges now, who may be "short" in manner, but I think it can be affirmed that no judge of our day could behave to counsel or witnesses as Mr. Justice Stareleigh did. It is, in fact, now the tone for a judge to affect a sort of polished courtesy, and to impart a sort of light gaiety to the business he is transacting. All asperity and tyrannous rudeness is held to be out of place. Hectoring and bullying of witnesses will not be tolerated. The last exhibition was perhaps that of the late Dr. Kenealy in the Tichborne case.
All the swearing of jurymen before the court, with the intervention of the judge, has been got rid of. The Master of the Court, or Chief Clerk, has a number of interviews--at his public desk--with important individuals, bringing him signed papers. These are excuses of some sort--medical certificates, etc.--with a view to be "let off" serving.
Some--most, perhaps--are accepted, some refused. A man of wealth and importance can have little difficulty. Of course this would be denied by the jurists: but, somehow, the great guns contrive not to attend. At ten o"clock this officer proceeds to swear the jury, which is happily accomplished by the time the judge enters.
SERJEANT BUZFUZ.
Mr. Pickwick, considering the critical nature of his case, was certainly unfortunate in his solicitor, as well as in the Counsel selected by his solicitors. The other side were particularly favoured in this matter.
They had a pushful bustling "wide-awake" firm of solicitors, who let not a point escape. Sergeant Buzfuz was exactly the sort of advocate for the case--masterful, unscrupulous, eloquent, and with a singularly ingenious faculty for putting everything on his client"s side in the best light, and his adversary"s in the worst. He could "tear a witness to pieces,"
and turn him inside out. His junior, Skimpin, was glib, ready-armed at all points, and singularly adroit in "making a hare" of any witness who fell into his hands, _teste_ Winkle. He had all the professional devices for dealing with a witness"s answers, and twisting them to his purpose, at his fingers" ends. He was the Wontner or Ballantyne of his day. Mr.
Pickwick"s "bar" was quite outmatched. They were rather a feeble lot, too respectable altogether, and really not familiar with this line of business. Even the judge was against them from the very start, so Mr.
Pickwick had very poor chances indeed. All this was due to that old-fashioned and rather incapable "Family Solicitor" Perker.
[Picture: Serjeant Buzfuz, K.C.]